illegal search and siezure

[xinate_dogix]

omaha, Nebraska


im involved in a drug case in which the search on my vehicle was found to be illegal (by ruling of a judge in a preliminary hearing). now the case is getting dropped, but my question is if i can claim some sort of restitution for absence from work due to time spent in jail. i spent a total of 9 days in jail (8 working days). also i was wondering if i could claim defamation of character since i was essentially made out to be a drug dealer when i had nothing to do with anything.

 

[justalayman]

maybe, maybe not. Just because the search was ruled to be illegal does not mean the police did not have adequate cause to initiate the apprehension. If there is any support for their actions, you would have no case. The loss of the fruits of the search were apparently a killer to their case and attempting to try the case without that evidence would be a waste of time so, they dismiss.

that does not mean they were wrong. It just means the evidence they had could not be used.

 

[CdwJava]

Consult an attorney and see what he or she has to say.

While you might have a claim for lost wages provided the search was unlawful and the officers should have known it was. But, suing for defamation? I doubt it. You were arrested for possession for sales (I imagine), which based upon the drugs and any related items present, was a reasonable inference. Plus, can you see the irony at your trial when you take the stand on your own behalf and admit that the drugs WERE yours, but that the police never should have found them? You might find a jury reluctant to provide you ANY award under these circumstances in any event.

Plus, if the quantity was sufficient, your civil suit could be used as evidence against you should the feds decide to charge you. Depending on the drugs involved, they just might do that.

- Carl

 

[xinate_dogix]

it was for a pound of pot. and no its wasnt mine. (believe it or not) my neighbor asked me if i could take him to his moms house to grab some of his stuff (clothes food etc) i got pulled over for my headlights (one was out). so yeah it was his pot but they blamed me for it since we were in my truck. i would also like to add that i have a perfectly clean record and have never been in any kind of trouble before.

 

[tranquility]

The evidence found in the illegal search cannot be used as probable cause for the arrest. Therefore, the argument will be, the arrest was illegal as well which caused damages. If no reasonable officer could have believed the search was legal *and* there was not enough other facts or circumstances which would give an "arguable" probable cause, then you could get compensation from the damages sourced from the illegal search.

Very high hurdles on both. Why did they want to search in the first place? Why was the search determined to be illegal? What other factors could have been used to create probable cause for either the search or the arrest?

 

[xinate_dogix]

another person in my truck (whose weed it turned out to be) gave the officer that stopped me false information when asked for his id. when she did find out who he was she had me step out and asked if she could search the vehicle. after telling her no and that i saw no reason for it at least 4 or 5 times she decided to call for the k-9 unit. this is where the police reports conflict and hence why the search was determined illegal. according to the sherif who stopped me the dog immediately hit on my truck and jumped through my window pinpointing the drugs. the k-9 units report says that his dog never found anything and that when the officer stuck his head in my window he could niether see or smell anything suspicious. and that he only continued to search the car when the sheriff told him to do so. she authorised a full search without any probable cause.

i wanna state again though im not actually gonna try to go after the state for any of this. i just want everything to be closed up and done with quickly and their dragging their feet on finishing paperwork etc. i just need something i can use as some sort of leverage.

 

[tranquility]

Since going after the state here would be expensive and long and uncertain in the first place, there is no "leverage" in the second. Did the searching officer admit the only reason he searched was because of the dog hit? If so, you may actually find an attorney who will take the case. You won't win much, but you can get some damages. (Although, if they arrested a person inside the vehicle, some level of search is legally possible and this could turn into a very fact sensitive situation.)